Shattered Consent: A Comparative Study on Reproductive Autonomy for Rape Survivors in Sri Lanka

Introduction: As recognized under Section 303 of the Penal Code of Sri Lanka, induced abortion is a criminal offence which results in imprisonment for a period of three years or a significant fine. Penal Code provides only one exception for abortion within Sri Lankan domestic legal framework, particularly in circumstances where the mother’s life is at risk. The present study attempts to examine the impact on right to reproductive choice from criminalizing abortion for rape victims under the Penal Code of Sri Lanka.

Objective: The objective of this research is to propose reform-based recommendations to ensure right to reproductive choice of the pregnant rape survivors in Sri Lanka through effective legal and procedural reforms.

Methodology: The qualitative research methodology through normative judicial research method and comparative research method was adopted in this research.

Results: Under section 303 of Penal code, induced abortion is considered as a criminal offence even for a rape victim. In 1995, amendment to decriminalize abortion in specific circumstances including rape, incest or fetal abnormalities was forwarded to the Parliament of Sri Lanka which was unsuccessful. In 2012 and 2022 respectively, there were attempts to reform existing legislative provisions on abortions which turned out to be a failure. Being a state party to CEDAW and other international human instruments, Sri Lanka is bound to remediate Reproductive Rights of women.

Conclusion: Forced pregnancy and motherhood of rape victims can be defined as a form of cruel and degrading treatment. After critical analysis of domestic law, it can be observed that despite various attempts to reform the existing law, Law of abortion in Sri Lanka has remained as an untouched area. Therefore, it can be concluded that denial of abortion to rape survivors needs to be reformed to ensure right to reproductive choice of women in Sri Lanka.